2 ms·
Some precedent here: Microsoft famously lost a lawsuit regarding contractors vs full-timers in Washington state. You simply can't treat contractors like employe
by pnathan 11y ago
Some precedent here: Microsoft famously lost a lawsuit regarding contractors vs full-timers in Washington state. You simply can't treat contractors like employees in the state of Washington - you have to make a very clear distinction.
Now, 20 days ago, Homejoy closed down, and I said what I am quoting below:
https://news.ycombinator.com/item?id=9903831 https://news.ycombinator.com/item?id=9903831
> the balance of power between the tech company and the "1099 contractors"
That hits the nail on the head. A 1099 contractor (a.k.a. freelancer) has to cut some 30%-40% off their wage to support things like self-insurance, etc (or add yea much). If you're "working" for a gig provider, you're not a 1099 employee by the inherent nature of the thing. Granted, you're not in a normal employer-employee relationship, but neither are you a skilled freelancer contracting your labor out on wages you yourself set and negotiated.
While I fully support the idea of TaskRabbit, Lyft, Uber, Homejoy et al, certain realities have to be faced squarely: they are not being real about the nature of their business. They really are something like employers, with something like employees.
Cheung is likely correct that a third legal category needs to be created (neither 1099 freelancer nor true employee), but in the absence of that, it seems profoundly more ethical to consider the workers employees.